Bill Text: CA AB1772 | 2023-2024 | Regular Session | Amended
Bill Title: Theft.
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-05-16 - In committee: Held under submission. [AB1772 Detail]
Download: California-2023-AB1772-Amended.html
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Amended
IN
Assembly
April 03, 2024 |
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Amended
IN
Assembly
February 01, 2024 |
| Introduced by Assembly Members Ramos, Mathis, and Valencia (Coauthors: Assembly Members Alanis, Cervantes, Dixon, Hoover, Lackey, Pacheco, Jim Patterson, Joe Patterson, Rodriguez, Soria, and Ta) (Coauthors: Senators Dodd, Niello, Roth, Seyarto, and Wilk) |
January 03, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting under any other law. Existing law defines shoplifting as entering a commercial establishment with intent to commit larceny while the establishment is open during regular business hours.
This bill would revise the definition of shoplifting to require an intent to steal retail property or merchandise.
Existing law provides that a person with a prior conviction for specified sex offenses may be charged with a felony for shoplifting or for theft of property not exceeding $950 in value.
This bill would require a
person convicted of petty theft or shoplifting, if the person has 2 or more prior convictions for specified theft-related offenses, to be punished by imprisonment in the county jail for up to one year, or for 16 months, or 2 or 3 years, and would make conforming changes.
Existing law authorizes a person to be charged with grand theft if the property taken exceeds $950 over the course of distinct but related acts.
This bill would state the findings of the Legislature that if the value of property taken exceeds $950 over the course of distinct but related acts, the thefts may properly be aggregated to charge a defendant with grand theft.
This bill would provide that its provisions would become effective only upon approval of the voters, and would provide for the submission of its provisions to the voters for approval at the next statewide general election.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 502.95 is added to the Penal Code, to read:502.95.
(a) The Department of Justice shall determine the number of misdemeanor convictions for a crime of theft for which the property was taken from a retail establishment during the Governor’s declared state of emergency related to the SARS-CoV-2 (COVID-19) pandemic from March 4, 2020, to February 28, 2023, inclusive.The Legislature finds and declares that pursuant to subdivision (e) of Section 487 of the Penal Code, if the value of property taken exceeds nine hundred fifty dollars ($950) over the course of distinct but related acts, the thefts may properly be aggregated to charge a defendant with grand theft.
(a)Notwithstanding Section 459, shoplifting is defined as entering a commercial establishment while that establishment is open during regular business hours, with the intent to steal retail property or merchandise, where the value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950). Any other entry into a commercial establishment with intent to commit larceny is burglary. Shoplifting shall be punished as a misdemeanor, except as follows:
(1)A person with one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration
pursuant to subdivision (c) of Section 290 may be punished pursuant to subdivision (h) of Section 1170.
(2)A person who meets the requirements of Section 666.1 may be punished pursuant to that section.
(b)Any act of shoplifting as defined in subdivision (a) shall be charged as shoplifting. A person who is charged with shoplifting shall not also be charged with burglary or theft of the same property.
(c)As used in this section, the following terms have the following meanings:
(1)“Retail property or merchandise” means any article, product, commodity, item, or component intended to be sold in retail commerce.
(2)“Value” means the retail value of an item as advertised by the affected retail establishment, including applicable taxes.
(a)Notwithstanding Section 487 or any other provision of law defining grand theft, obtaining any property by theft where the value of the money, labor, real or personal property taken does not exceed nine hundred fifty dollars ($950) shall be considered petty theft and shall be punished as a misdemeanor, except as follows:
(1)A person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290.
(2)A person who meets the requirements of Section 666.1 may be punished pursuant to that section.
(b)This section does not apply to any theft that may be charged as an infraction pursuant to any other law.
(c)This section does not apply to theft of a firearm.
(a)(1)Notwithstanding any other law, a person who, having two or more convictions for any of the offenses listed in paragraph (2), and who is subsequently convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year, or pursuant to subdivision (h) of Section 1170.
(2)This section applies to the following offenses:
(A)Petty theft, as described in Section 488.
(B)Grand theft, as described in Section 487.
(C)Theft
from an elder or dependent adult in violation of subdivision (e) of Section 368.
(D)The theft or unauthorized use of a vehicle, as described in Section 10851 of the Vehicle Code.
(E)Burglary, as described in Section 459.
(F)Carjacking, as described in Section 215.
(G)Robbery, as described in Section 211.
(H)Receiving stolen property, as described in Section 496.
(I)Shoplifting, as described in Section 459.5.
(J)Mail theft, as described in subdivision (e) of Section 530.5.
(b)This section does not preclude prosecution or punishment pursuant to any other law.
This act amends the Safe Neighborhoods and Schools Act, an initiative statute approved by the voters at the November 4, 2014, statewide general election as Proposition 47, and shall become effective only when submitted to and approved by the voters. The Secretary of State shall submit this act for approval by the voters at a statewide election in accordance with Section 9040 of the Elections Code.
